`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`MEDA PHARMACEUTICALS INC. and
`CIPLALTD.,
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`Plaintifft,
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`v.
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`APOTEX INC. and APOTEX CORP.,
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`Defendants.
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`Civil Action No.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs Meda Pharmaceuticals Inc. ("Meda") and Cipla :Ud. ("Cipla") (collectively,
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`"Plaintiffs"), by their attorneys, hereby allege as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement under the patent laws of the United
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`States, Title 35, United States Code, against defendants Apotex Inc. and Apotex Corp.
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`(collectively, "Apotex"). This action relates to Apotex's submission of Abbreviated New Drug
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`Application ("ANDA") No. 207712 to the U.S. Food and Drug Administration ("FDA"). ANDA
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`No. 207712 seeks approval to market a 137 meg strength azelastine hydrochloride and 50 meg
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`strength fluticasone propionate combination nasal spray ("Generic Product")-a generic version
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`ofPlaintiffMeda's proprietary DYMISTA ®drug product-before the expiration of Plaintiff
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`Cipla's U.S. Patent Nos. 8,163,723 ("the '723 patent") and 8,168,620 ("the '620 patent"), both of
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`which cover the DYMISTA ®drug product, and for both of which Meda is the exclusive licensee
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`in the United States.
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`{00920527;vl }
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`CIP2009
`Argentum Pharmaceuticals LLC v. Cipla Ltd.
`IPR2017-00807
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`1
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`CIP2009
`Argentum Pharmaceuticals LLC v. Cipla Ltd.
`IPR2017-00807
`
`
`
`Case 1:14-cv-01453-UNA Document 1 Filed 12/02/14 Page 2 of 14 PageID #: 2
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`PARTIES
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`2.
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`Meda is a corporation organized and existing under the laws of Delaware, and
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`having its principal place of business at 265 Davidson Avenue, Suite 300, Somerset, New Jersey
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`08873-4120.
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`3.
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`Cipla is a publicly held company organized and existing under the laws of India,
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`and having a registered office at Cipla House, Peninsula Business Park, Ganpatrao Kadam Marg,
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`Lower Parel, Mumbai 400 013, Maharashtra, India.
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`4.
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`Upon information and belief, Apotex Inc. is a corporation organized and existing
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`under the laws of Canada, and having its principal place of business at 150 Signet Drive,
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`Toronto, Ontario M9L 1 T9, Canada.
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`5.
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`Upon information and belief, Apotex Corp. is a corporation organized and
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`existing under the laws of Delaware, and having its principal place of business at 2400 North
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`Commerce Parkway, Suite 400, Weston, Florida 33326.
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`6.
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`Upon information and belief, Apotex Inc. is in the business of manufacturing,
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`marketing and selling generic drug products. As part of its business, upon information and belief,
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`Apotex Inc., directly or through agents (including Apotex Corp.), regularly files ANDAs with
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`the FDA seeking approval to engage in the commercial manufacture, use, offer for sale, sale,
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`and/or importation of generic versions of drug products that are covered by United States
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`patents. Upon information and belief, as part of these ANDAs, Apotex Inc., directly or through
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`agents (including Apotex Corp.), regularly files certifications of the type described in Section
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`505G)(2)(A)(vii)(IV) of the Federal Food, Drug, and Cosmetic Act ("Paragraph IV
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`certification") to engage in the commercial manufacture, use, offer for sale, sale, and/or
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`importation of generic drug products prior to the expiration of the U.S. patents that cover them.
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`Upon information and belief, Apotex Inc.'s ordinary business operations include litigating and
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`filing claims in the courts of the United States, including the United States District Court for the
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`District of Delaware, regarding the infringement, validity, and/or enforceability of United States
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`patents that cover or are alleged to cover generic drug products that are the subject of ANDAs
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`filed by Apotex.
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`7.
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`Upon information and belief, Apotex Inc. manufactures drug products for the
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`purpose of sale within the United States, including in Delaware, by Apotex Corp.
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`8.
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`Upon information and belief, Apotex Corp. is a wholly-owned subsidiary of
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`Apotex Inc. that serves as Apotex Inc.'s United States sales agent and distributor, and sells and
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`offers for sale Apotex Inc.'s drug products throughout the United States, including in Delaware.
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`Upon information and belief, Apotex Inc. derives substantial revenue from services or things
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`used or consumed in the State of Delaware. Apotex Inc. has stated on its website that "Apotex
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`Inc. serves a marketplace of over 115 countries, and is committed to the growth on a global basis
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`through affiliates such as Apotex Corp. in the United States of America."
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`JURISDICTION AND VENUE
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`9.
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`This action arises under the patent laws ofthe United States, 35 U.S.C. §§ 1 et
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`seq., and this Court has jurisdiction over the subject matter of this action under 28 U.S. C. §§
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`1331, 1338(a), 2201, and 2202.
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`10.
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`Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400(b).
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`11.
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`Apotex Corp. is subject to personal jurisdiction in Delaware because, among other
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`things, upon information and belief, Apotex Corp. is a Delaware corporation with a registered
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`agent in Delaware (The Corporation Trust Company, Corporation Trust Center, 1209 Orange
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`Street, Wilmington, Delaware 19801); it is registered with the Delaware Board of Pharmacy as a
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`Case 1:14-cv-01453-UNA Document 1 Filed 12/02/14 Page 4 of 14 PageID #: 4
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`"Distributor/Manufacturer CSR" and "Pharmacy- Wholesale" pursuant to 24 Del. C. § 2540; it
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`is in the business of marketing drug products, which it distributes and sells throughout the United
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`States, including in Delaware; it derives substantial revenue from services or things used and/or
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`consumed in Delaware; it transacts business with companies located and/or headquartered in
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`Delaware; and, upon receiving FDA approval, it intends to offer to sell and sell the Generic
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`Product described in ANDA No. 207712 in the United States, including in Delaware.
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`12.
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`Apotex Inc. is subject to personal jurisdiction in Delaware because, among other
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`reasons, upon information and belief, Apotex Inc. has had persistent and continuous contacts
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`with this judicial district. It is in the business of manufacturing drug products which it
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`manufactures, distributes, sells and/or offers to sell, primarily through Apotex Corp., throughout
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`the United States, including in Delaware; it derives substantial revenue from services or things
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`used or consumed in the State of Delaware; it transacts business with companies located and/or
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`headquartered in Delaware; as part of its ordinary business practice of engaging in U.S. patent
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`litigation, it has regularly and routinely litigated ANDA cases without contesting jurisdiction in
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`this District, including by availing itself of this forum by filing counterclaims; it has, directly or
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`through an agent, filed an ANDA, and/or been actively involved in the preparation and
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`submission of an ANDA, for the purpose of seeking approval to engage in the commercial
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`manufacture, use, offer for sale, sale, and/or importation of the Generic Product described in
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`ANDA No. 207712 in the United States, including in Delaware; upon receiving FDA approval, it
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`intends to offer to sell and sell, primarily through Apotex Corp., a Delaware corporation, the
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`Generic Product described in ANDA No. 207712 throughout the United States, including in
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`Delaware; and Apotex Corp., acting as Apotex Inc.'s agent and/or alter ego, regularly does and
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`solicits business in Delaware and is engaged in a persistent, continuous and systematic course of
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`conduct in Delaware in which it distributes, sells, and offers to sell Apotex Inc.'s drug products
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`in Delaware and derives substantial revenue from services or things used or consumed in the
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`State of Delaware on behalf of Apotex Inc.
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`13.
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`By letter dated October 20, 2014, Apotex sent notice of its ANDA submission and
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`Paragraph IV certification to Meda and Cipla ("the Notice Letter"), affirmatively challenging the
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`validity and infringement of the '723 and '620 patents. Meda and Cipla's receipt ofthe Notice
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`Letter triggered the 45-day statutory deadline for Meda and Cipla to initiate an infringement
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`lawsuit that would invoke the automatic 30-month stay of FDA approval of ANDA No. 207712
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`in accordance with the Hatch-Waxman framework. 35 U.S.C. § 355G)(5)(B)(iii). Apotex's
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`submission of ANDA No. 207712 with Paragraph IV certifications to the '723 and '620 patents
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`and its act of sending the Notice Letter are tortious acts with real and injurious consequences
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`giving rise to this infringement action. And because Meda is a Delaware corporation, these
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`injuries and consequences are suffered in Delaware. Apotex, therefore, has purposefully directed
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`its activities towards the State of Delaware, where Meda is incorporated. And because defending
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`against an infringement lawsuit such as this one is an inherent and expected part of a generic
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`ANDA filer's business, Apotex reasonably anticipated being haled into court in Delaware.
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`14.
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`Apotex's Notice Letter listed the law firm of Wilson Sonsini Goodrich & Rosati
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`P.C. ("WSGR") as the agent in the United States authorized to accept service of process for
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`Apotex Inc. relating to ANDA 207712, which is the subject ofthe present action. WSGR
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`maintains an office in Delaware, at 222 Delaware A venue, Suite 800, Wilmington, Delaware,
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`19801.
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`15.
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`Upon information and belief, Apotex Corp. and Apotex Inc. have on multiple
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`occasions consented to personal jurisdiction in patent infringement actions in this District,
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`Case 1:14-cv-01453-UNA Document 1 Filed 12/02/14 Page 6 of 14 PageID #: 6
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`including in Aventis Pharma SA. and Sanofi-Aventis US., LLC v. Apotex Inc. and Apotex Corp.,
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`No. 08-cv-00496-GMS (D. Del.); The Proctor & Gamble Company and Hoffmann-La Roche,
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`Inc. v. Apotex, Inc. and Apotex Corp., No. 09-cv-00143-LPS (D. Del.); Pronova Biopharma
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`Norge ASv. Apotex Corp. andApotex Inc., No. 09-00304-SLR-MPT (D. Del.); Daiichi Sankyo
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`Co., Ltd. and Daiichi Sankyo, Inc. v. Apotex Inc. and Apotex Corp., No. 09-cv-00470 (D. Del.);
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`Warner Chilcott Company, LLC and Hoffman-La Roche, Inc. v. Apotex Inc. and Apotex Corp.,
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`No. 10-cv-01111-LPS (D. Del.); Pfizer Inc. eta!. v. Apotex, Inc. and Apotex Corp., No. 11-cv-
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`606-GMS (D. Del.); Senju Pharmaceutical Co., Ltd. eta!. v. Apotex Inc. and Apotex Corp., 12-
`
`cv-0159-SLR; Pfizer Inc. eta!. v. Apotex Inc. and Apotex Corp., No. 12-cv-00809-SLR (D.
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`Del.); Bristol-Myers Squibb Co. v. Apotex Inc. and Apotex Corp., No. 14-00351-RGA (D. Del.);
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`and most recently when they answered a complaint for infringement and asserted counterclaims
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`on September 12, 2014 inAptalis Pharmatech, Inc. and Ivax International GMBH v. Apotex Inc.
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`andApotex Corp., No. 14-cv-01038-DED (D. Del.).
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`16.
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`Upon information and belief, Apotex Inc. and Apotex Corp. have availed
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`themselves of the legal protections of the State of Delaware by filing claims or counterclaims
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`affirmatively seeking relief in other prior actions in this Court, including in Aventis-Pharma SA.
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`and Sanofi-Aventis US., LLC v. Apotex Inc. and Apotex Corp., No. 08-cv-00496-GMS (D. Del.);
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`The Procter & Gamble Company and Hoffmann-La Roche, Inc. v. Apotex Inc. and Apotex Corp.,
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`No. 09-cv-00143-LPS (D. Del.); Pronova Biopharma Norge AS v. Apotex Corp. andApotex Inc.,
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`No. 09-00304-SLR-MPT (D. Del.); Daiichi Sankyo Co., Ltd. and Daiichi Sankyo, Inc. v. Apotex
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`Inc. andApotex Corp., No. 09-cv-00470 (D. Del.); Warner Chilcott Company, LLC and
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`Hoffman-La Roche, Inc. v. Apotex Inc. and Apotex Corp., No. 10-cv-01111-LPS (D. Del.); Pfizer
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`Inc. eta!. v. Apotex, Inc. and Apotex Corp., No. 11-cv-606-GMS (D. Del.); Senju
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`Case 1:14-cv-01453-UNA Document 1 Filed 12/02/14 Page 7 of 14 PageID #: 7
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`Pharmaceutical Co., Ltd. et al. v. Apotex Inc. andApotex Corp., 12-cv-0159-SLR; Pfizer Inc. et
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`al. v. Apotex Inc. and Apotex Corp., No. 12-cv-00809-SLR (D. Del.); Bristol-Myers Squibb Co.
`
`v. Apotex Inc. and Apotex Corp., No. 14-00351-RGA (D. Del.); and most recently, on September
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`12,2014 inAptalis Pharmatech, Inc. and Ivax International GmbHv. Apotex Inc. and Apotex
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`Corp., No. 14-cv-01038-DED (D. Del.).
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`REGULATORY REQUIREMENTS FOR
`APPROVAL OF NEW AND GENERIC DRUGS
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`17.
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`The Federal Food, Drug, and Cosmetic Act ("FFDCA"), 21 U.S.C. § 301 et seq.,
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`as amended by the Hatch-Waxman Amendments, sets forth the rules FDA follows when
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`considering whether to approve the marketing of pharmaceutical drugs.
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`18. With the passage ofthe Hatch-Waxman Act in 1984, the FFDCA provisions with
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`respect to the generic drug approval process were amended in several aspects. One provision
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`requires innovator drug companies to submit patent information to FDA "with respect to which a
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`claim of patent infringement could reasonably be asserted if a person not licensed by the owner
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`engaged in the manufacture, use, or sale ofthe drug." 21 U.S.C. § 355(b)(1). FDA publishes the
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`submitted patent information in a publication entitled "Approved Drug Products with
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`Therapeutic Equivalence Evaluations" (commonly referred to as the "Orange Book").
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`19.
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`The Hatch-Waxman Act further amended the FFDCA to permit generic drug
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`companies to gain approval of generic copies of innovator drugs (also called "reference drugs")
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`by referencing studies performed by the innovator, without having to expend the same
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`considerable investment in time and resources. Thus, generic drug companies are permitted to
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`file what is referred to as an ANDA under 21 U.S.C. § 355G). When filing an ANDA, generic
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`drug companies are required to review the patent information that FDA lists in the Orange Book
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`for the reference drug and make a statutory certification (commonly called "patent certification")
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`with respect to the same.
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`20.
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`One such certification is the Paragraph IV certification, where the generic drug
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`company seeks FDA approval to market its generic drug products prior to patent expiration by
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`stating in its ANDA that the Orange Book-listed patents are purportedly "invalid or will not be
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`infringed ... " 21 U.S.C. § 355G)(2)(A)(vii)(IV).
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`PATENTS-IN-SUIT
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`21.
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`On April24, 2012, the U.S. Patent and Trademark Office duly and legally issued
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`U.S. Patent No. 8,163,723, titled "Combination of Azelastine and Steroids." The Orange Book
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`presently shows that the '723 patent's term ends on August 29, 2023. A true and correct copy of
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`the '723 patent is attached hereto as Exhibit A.
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`22.
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`On May 1, 2012, the U.S. Patent and Trademark Office duly and legally issued
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`U.S. Patent No. 8,168,620, also titled "Combination of Azelastine and Steroids." The Orange
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`Book shows that the '620 patent's term ends on February 24, 2026. A true and correct copy of
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`the '620 patent is attached hereto as Exhibit B.
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`23.
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`PlaintiffCipla is the owner ofthe '723 and '620 patents.
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`24.
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`PlaintiffMeda is the exclusive licensee of the '723 and '620 patents in the United
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`States, pursuant to an exclusive license agreement between Meda and Cipla, of the right to make,
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`use, and sell certain pharmaceutical preparations containing azelastine hydrochloride and
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`fluticasone propionate to treat seasonal allergic rhinitis. Pursuant to that exclusive license, Meda
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`currently markets an azelastine hydrochloride and fluticasone propionate combination nasal
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`spray in the United States under the trademark DYMISTA ®.The DYMISTA ®product and the
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`conditions of use for which DYMISTA ®is approved fall within the claims of the '723 and '620
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`patents.
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`25.
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`As exclusive licensee, Meda has the right to enforce the '723 and '620 patents.
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`MEDA'S APPROVED DRUG PRODUCT: DYMISTA ®
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`26. Meda holds NDA No. 202236, which covers the DYMISTA ® (137 meg azelastine
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`hydrochloride and 50 meg fluticasone propionate) nasal spray. The FDA approved NDA No.
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`202236 on May 1, 2012, allowing Meda to market DYMISTA ®throughout the United States for
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`the treatment of seasonal allergic rhinitis ("SAR").
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`27.
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`The FDA lists the '723 and '620 patents in the Orange Book in connection with
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`NDA No. 202236 because each individually claims the drug composition or methods for using
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`the approved drug product. 21 U.S.C. § 355(b)(1).
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`APOTEX'S ANDA
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`28.
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`By Notice Letter dated October 20, 2014, Apotex notified Meda and Cipla that it
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`had submitted ANDA No. 207712 and a Paragraph IV certification under Section 5050) ofthe
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`Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 3550)) for a Generic Product purportedly
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`bioequivalent to Meda's DYMISTA ®product.
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`29.
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`The Notice Letter states that Apotex seeks approval from the FDA to engage in
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`the commercial manufacture, use, and sale of the Generic Product before the expiration of
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`the '723 and '620 patents.
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`30.
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`By filing ANDA No. 207712, Apotex has necessarily represented to the FDA that
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`its Generic Product has the same active ingredients as Meda's DYMISTA ®'and is bioequivalent
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`to DYMISTA ®.
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`31.
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`The product and the conditions ofuse for which Apotex seeks approval in ANDA
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`No. 207712 fall within one or more of the claims of the '723 and '620 patents. If approved, the
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`importation, manufacture, sale, offer for sale and/or use of Apotex's Generic Product would
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`infringe one or more claims of the '723 and '620 patents.
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`32.
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`In its Notice Letter, Apotex states that ANDA No. 207712 contains a "Paragraph
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`IV certification" asserting that the '723 and '620 patents are invalid, unenforceable, and/or will
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`not be infringed by the commercial manufacture, use, and sale of Apotex's Generic Product.
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`However, Apotex's Notice Letter fails to disclose non-infringement positions for claims 1-4, 7,
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`8, 10-18, and 20-28 ofthe '723 patent and claims 1-13, 15-18, 21, 22, 24-26, 28-31, 33, and 35-
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`47 ofthe '620 patent.
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`33.
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`This Complaint is being filed within 45 days from the date Meda and Cipla
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`received the Notice Letter. 35 U.S.C. § 355G)(5)(B)(iii)
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`COUNT 1: INFRINGEMENT OF THE '723 PATENT
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`34. Meda and Cipla reallege paragraphs 1 to 33 above as if fully set forth herein.
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`35.
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`Apotex's submission of ANDA No. 207712 infringes one or more claims of
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`the '723 patent under 35 U.S.C. § 271(e)(2)(A).
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`36.
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`Upon information and belief, if the FDA approves Apotex's ANDA No. 207712,
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`Apotex will further infringe one or more claims of the '723 patent by making, using, offering to
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`sell, and selling its Generic Product in the United States and/or importing such sprays into the
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`United States, and by actively inducing and contributing to infringement by others, in violation
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`of35 U.S.C. § 271(a)-(c), unless enjoined by the Court.
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`37.
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`If Apotex's marketing and sale of its Generic Product before the expiration of
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`the '723 patent is not enjoined, Meda and Cipla will suffer substantial and irreparable harm for
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`which there is no adequate remedy at law.
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`COUNT II: DECLARATORY JUDGMENT OF INFRINGEMENT OF THE '723
`PATENT
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`38. Meda and Cipla reallege paragraphs 1 to 37 above as if fully set forth herein.
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`39.
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`These claims also arise under the Declaratory Judgment Act, 28 U.S.C. §§ 2201
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`and 2202.
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`40.
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`There is an actual case and controversy between Meda and Cipla on the one side,
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`and Apotex on the other, creating a justiciable case and controversy for which this Court may
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`grant declaratory relief consistent with Article III of the United States Constitution.
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`41.
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`Apotex has made, and will continue to make, substantial preparations in the
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`United States, including Delaware, to manufacture, sell, offer to sell and/or import the Generic
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`Products.
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`42.
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`Apotex's actions indicate a refusal to change the course ofits action in the face of
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`acts by Meda and Cipla.
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`43.
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`Any commercial manufacture, use, offer for sale, sale and/or importation of the
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`Generic Products prior to patent expiry will constitute direct and/or contributory and/or active
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`inducement of the '723 patent.
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`44.
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`Unless Apotex is enjoined from infringing, inducing infringement and
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`contributing to the infringement of, the '723 patent, Meda and Cipla will suffer substantial and
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`irreparable harm for which there is no adequate remedy at law.
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`COUNT III: INFRINGEMENT OF THE '620 PATENT
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`45. Meda and Cipla reallege paragraphs 1 to 44 above as if fully set forth herein.
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`46.
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`Apotex's submission of ANDA No. 207712 infringes one or more claims of
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`the '620 patent under 35 U.S.C. § 271(e)(2)(A).
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`47.
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`Upon information and belief, if the FDA approves Apotex's ANDA No. 207712,
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`Apotex will further infringe one or more claims of the '620 patent by making, using, offering to
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`sell, and selling its Generic Product in the United States and/or importing such sprays into the
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`United States, and by actively inducing and contributing to infringement by others, in violation
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`of35 U.S.C. § 271(a)-(c), unless enjoined by the Court.
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`48.
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`If Apotex's marketing and sale of its Generic Product before the expiration of
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`the '620 patent is not enjoined, Meda and Cipla will suffer substantial and irreparable harm for
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`which there is no adequate remedy at law.
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`COUNT IV: DECLARATORY JUDGMENT OF INFRINGEMENT OF THE '620
`PATENT
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`49. Meda and Cipla reallege paragraphs 1 to 48 above as if fully set forth herein.
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`50.
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`These claims arise under the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and
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`2202.
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`51.
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`There is an actual case and controversy between Meda and Cipla on the one side,
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`and Apotex on the other, creating a justiciable case and controversy for which this Court may
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`grant declaratory relief consistent with Article III of the United States Constitution.
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`52.
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`Apotex has made, and will continue to make, substantial preparations in the
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`United States, including Delaware, to manufacture, sell, offer to sell and/or import the Generic
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`Products.
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`53.
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`Apotex's actions indicate a refusal to change the course of its action in the face of
`
`acts by Meda and Cipla.
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`54.
`
`Any commercial manufacture, use, offer for sale, sale and/or importation ofthe
`
`Generic Products prior to patent expiry will constitute direct and/or contributory and/or active
`
`inducement of the '620 patent.
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`Case 1:14-cv-01453-UNA Document 1 Filed 12/02/14 Page 13 of 14 PageID #: 13
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`55.
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`Unless Apotex is enjoined from infringing, inducing infringement and
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`contributing to the infringement of, the '620 patent, Meda and Cipla will suffer substantial and
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`irreparable harm for which there is no adequate remedy at law.
`
`REQUEST FOR RELIEF
`
`WHEREFORE, Meda and Cipla respectfully request that this Court grant the following
`
`relief:
`
`A.
`
`A judgment that Apotex has infringed valid and enforceable claims of the '723
`
`and '620 patents under 35 U.S.C. § 271(e)(2)(A);
`
`B.
`
`A judgment and order pursuant to 35 U.S.C. § 271(e)(4)(A) providing that the
`
`effective date of any FDA approval of ANDA No. 207712 not be earlier than the latest of the
`
`expiration dates of the '723 and '620 patents, inclusive of any extension(s) and additional
`
`period(s) of exclusivity;
`
`C.
`
`A judgment declaring that Apotex's manufacture, use, sale, offer for sale, or
`
`importation into the United States of the Generic Product for which approval is sought in ANDA
`
`No. 207712 would constitute infringement of the '723 and '620 patents, or would induce or
`
`contribute to such infringement, pursuant to 35 U.S.C. § 271(a), (b), and/or (c);
`
`D.
`
`A permanent injunction enjoining Apotex and its officers, agents, servants, and
`
`employees, and those persons in active concert or participation with any of them, from making,
`
`using, selling, or offering to sell in the United States, or importing into the United States, the
`
`Generic Product for which approval is sought in ANDA No. 207712, or any generic azelastine
`
`hydrochloride and fluticasone propionate combination nasal spray product that infringes or
`
`induces or contributes to the infringement of the '723 and '620 patents, until expiration of those
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`patents;
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`Case 1:14-cv-01453-UNA Document 1 Filed 12/02/14 Page 14 of 14 PageID #: 14
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`E.
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`A declaration under 28 U.S.C. § 2201 that if Apotex, their officers, agents,
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`servants, employees, licensees, representatives, and attorneys, and all other persons acting or
`
`attempting to act in active concert or participation with them or acting on their behalf, engage in
`
`the commercial manufacture, use, offer for sale, sale and/or importation ofthe Generic Products
`
`prior to patent expiry, it will constitute an act of direct and/or indirect infringement ofthe '723
`
`and '620 patents;
`
`F.
`
`A finding that this is an exceptional case, and an award of attorneys' fees in this
`
`action pursuant to 35 U.S.C. § 285;
`
`G.
`
`H.
`
`An award of costs and expenses in this action; and
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`Such further and other relief as this Court determines to be just and proper.
`
`ASHBY & GEDDES
`
`John G. Day (#2403)
`Andrew C. Mayo (#5207)
`500 Delaware Ave., 8th Floor
`P.O. Box 1150
`Wilmington, DE 19899
`(302) 654-1888
`sbalick@ashby-geddes.com
`jday@ashby-geddes.com
`amayo@ashby-geddes.com
`
`Attorneys for Plaintiffs Meda Pharmaceuticals Inc.
`and Cipla Ltd.
`
`Of Counsel:
`
`H. Keeto Sabharwal
`Uma N. Everett
`Dennies Varughese
`STERNE, KESSLER, GOLDSTEIN & FOX
`PLLC
`1100 New York Ave., N.W., Suite 800
`Washington, DC 20005-3934
`(202) 371-2600
`
`Dated: December 2, 2014
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